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Supreme Court - Roster of Cases for Hearing

December 2016

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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Wednesday, December 14, 2016
Supreme Court Courtroom
09:00 a.m. (Time Limits: 15-15-5)
2015-002135    Angela Patton, as Next Friend of Alexia L., a minor, Petitioner, v. Dr. Gregory A. Miller, Rock Hill Gynecological & Obstetrical Associates, P.A. and Amisub of South Carolina, d/b/a Piedmont Medical Center, Respondents.

Edward L. Graham, J. Layton Ruffin and Diane Rodriguez, all of Graham Law Firm PA, of Florence, for Petitioner. R. Hawthorne Barrett and Thomas C. Salane, both of Turner, Padget, Graham & Laney, PA, of Columbia; William U. Gunn and Joshua T. Thompson, both of Holcombe Bomar, PA, of Spartanburg, for Respondents.

The Court granted certiorari to review the court of appeals' decision in Patton v. Miller, Op. No. 2015-UP-367 (S.C. Ct. App. filed July 22, 2015).

09:30 a.m. (Time Limits: 15-15-5)
2016-000652    Daufuskie Island Utility Company, Inc., Appellant, v. South Carolina Office of Regulatory Staff, Haig Point Club and Community Association, Inc., Melrose Property Owner's Association, Inc., and Bloody Point Property Owner's Association, Respondents.

Thomas P. Gressette, Jr. and G. Trenholm Walker, both of Pratt-Thomas Walker, P.A., of Charleston, for Appellant. Shannon Bowyer Hudson and Andrew M. Bateman, both of South Carolina Office of Regulatory Staff, of Columbia, John J. Pringle, Jr. and Lyndey Ritz Zwingelberg, both of Adams and Reese, LLP, of Columbia, for Respondents.

In this direct appeal, Daufuskie Island Utility Co. appeals the order of the Public Service Commission regarding the adjustment of a public utility rate under Title 58 of the South Carolina Code.

10:00 a.m. (Time Limits: 15-15-5)
2016-000610    Farid A. Mangal, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson and Assistant Attorney General Alicia A. Olive, both of Columbia, for Petitioner. John R. Ferguson, of Cox Ferguson & Wham, LLC, of Laurens, and C. Rauch Wise, of Greenwood, for Respondent. Solicitor J. Strom Thurmond and Solicitor Barry J. Barnette, both of Columbia, for Amicus Curiae Solicitors' Association of South Carolina, Inc.. Suzanne B. Cole, of Spartanburg and Candice A. Lively, of Chester, for Amicus Curiae South Carolina Network of Children's Advocacy Centers and University of South Carolina Children's Law Center.

Farid A. Mangal was convicted of several counts of criminal sexual conduct with a minor. Subsequently, Mangal filed an application for post-conviction (PCR) relief alleging he had received ineffective assistance of counsel. After a hearing, the PCR court found counsel was not ineffective. The court of appeals reversed and held counsel was ineffective in not objecting or moving for a mistrial in response to alleged bolstering testimony. Mangal v. State, 415 S.C. 310, 781 S.E.2d 732 (Ct. App. 2015). We granted certiorari to review the court of appeals' decision.

10:30 a.m. (Time Limits: 10-10-5)
2015-002134    The State, Respondent, v. Stepheno Jemain Alston, Petitioner.

Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Farthing, both of Columbia; and Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

The Court granted certiorari to review the Court of Appeals' decision in State v. Alston, Op. No. 2015-UP-381 (S.C. Ct. App. July 29, 2015), wherein the Court of Appeals affirmed the trial court's denial of Petitioner's motion to suppress drug evidence found in his vehicle following a traffic stop.

Thursday, December 15, 2016
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2015-002404    The State, Respondent, v. Tiphani Marie Parkhurst, Petitioner.

Appellate Defender Lara M. Caudy, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Attorney General David Spencer, both of Columbia, for Respondent.

The Court reviews the court of appeals' decision in State v. Parkhurst, Op. No. 2015-UP-446 (S.C. Ct. App. filed Sept. 9, 2015).

10:00 a.m. (Time Limits: 10-10-5)
2015-002397    LeAndra Lewis, Petitioner, v. L.B. Dynasty, Inc., d/b/a Boom Boom Room Studio 54 and S.C. Uninsured Employers' Fund, Defendants, Of Whom S.C. Uninsured Employers' Fund is the Respondent.

Charles B. Burnette, III, of Burnette & Payne, PA, of Rock Hill; John S. Nichols and Blake A. Hewitt, both of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia, for Petitioner. Lisa C. Glover, of the South Carolina Uninsured Employers' Fund, of Columbia, for Respondent.

The Court granted certiorari to review the court of appeals' decision regarding calculation of an employee's compensation rate in Lewis v. L.B. Dynasty, Op. No. 2015-UP-339 (Ct. App. July 8, 2015).

 

Cases to be Submitted Without Oral Argument

Ruth Ines Barnhouse, Respondent, v. Dan Dale Barnhouse, Appellant.

Robert N. Rosen, of Rosen Law Firm, LLC, of Charleston and Alexandra D. Varner, of Mount Pleasant, for Appellant. James T. McLaren, C. Dixon Lee, III and Joshua M. Calder, all of McLaren & Lee, of Columbia, for Respondent.